TGI Indices

Access and Use

TGI Index (“TGI”) grants You a limited non-exclusive, non-transferable, revocable license, without the right to grant sublicenses, to access the TGI Site and use the information, data, compilations of data, tables, graphs, charts, illustrations, and other materials on the TGI Site (“Content”) only for noncommercial informational internal research purposes and in compliance with the Terms and Conditions.

 You agree not to reproduce, copy, modify, create derivative works from, perform, distribute, publish, retransmit or sell any of the Content. Notwithstanding this restriction, You may, on an occasional, ad hoc basis, reproduce, distribute, display and transmit an insubstantial portion of the Content, solely for non-commercial internal informational purposes to a limited number of individuals within Your organization, provided You include the following notice: “Source: TGI Israel Hedge Fund Index. www.gilboafunds.com, © 2014. All rights reserved.”

You agree not to use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any of the Content found on or accessed through the TGI Site and violate or attempt to violate the security of the TGI Site or gain or attempt to gain unauthorized access to the TGI Site and its Contents.

TGI reserves the right to discontinue your access to the TGI Site, with or without notice, if TGI has a reasonable basis to believe that You are accessing or using the TGI Site or Content in violation of the Terms and Conditions or any written agreement you may have with TGI regarding Your access to or use of any TGI data, product or service (“Other Content”).

Restrictions on Use

Without a separate written license agreement with TGI, You may not:

Use any of the TGI Indices or Content in connection with the creation, operation, issuance, marketing or promotion of any financial product, instrument, index or service;

Use the Content in the operation of Your or a third party financial database or index business;

Use the Content to populate any database that is commercial and/or distributed to third parties;

Redistribute the Content outside of Your company or firm;

Use any of the TGI Indices or Content in connection with any government or regulatory filing; and

Use the TGI Indices to promote, market or endorse, or to create the impression that TGI endorses, approves of or is connected to any investment vehicle, product or service marketed, promoted, distributed, offered or sold by or on behalf of You.

If You wish to access subscription-only Content or obtain further information about obtaining a license for any of these or other uses, please contact: db@gilboafunds.com

TGI’s Proprietary Rights

TGI Index and the names of the TGI Indices are the trademarks and service marks of TGI. All trade names, trademarks, index names and other product and service names and logos on the TGI Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Nothing contained on the TGI Site should be construed as granting You any license or right to use any of the marks or names displayed on the TGI Site without the express written permission of TGI or the third party owner, as applicable.

The TGI Site and Content therein are protected by applicable copyright and other intellectual property laws. You understand, acknowledge and agree that TGI has invested considerable time, effort and resources in selecting, compiling, coordinating, arranging, and preparing the TGI Indices and that the process and methodology of creating and maintaining the TGI Indices are valuable confidential proprietary trade secrets of TGI under the applicable trade secret laws.

Linking

To the extent that You have a link in Your site to the TGI Site, it must be clear to the user that You are directing the user to www.TGI.com. You may not link in a manner that suggests or implies any type of sponsorship or endorsement by or affiliation with TGI.

Privacy

TGI’s privacy policy applies to the use of the TGI Site and its terms are set forth below:

TGI may collect information from you when you register on our site. When registering on our site, you may be asked to enter your: name, e-mail address, mailing address or phone number. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.

We implement a variety of security measures to maintain the safety of your personal information. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may also release your information when we believe release is appropriate to comply with the law. Non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.

By using our site, you consent to our websites privacy policy. If we decide to change our privacy policy, we will post those changes on this page.

Indemnification

You agree to indemnify and hold TGI and its affiliates harmless against all liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ and other professionals’ fees) that they incur as a result of claims related to Your use of the TGI Indices and Content or a breach or violation of the Terms and Conditions. TGI reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but You must still indemnify TGI for all liabilities, losses, or damages. You also agree to provide TGI with whatever cooperation it reasonably requests.

Disclaimer

THE TGI INDICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. INFORMATION AND DATA INCLUDED IN THE TGI INDICES ARE OBTAINED FROM VARIOUS THIRD PARTY SOURCES AND ARE PROVIDED ON AN “AS IS” BASIS. TGI DOES NOT PERFORM ANY AUDIT OR VERIFY THE INFORMATION PROVIDED BY THIRD PARTIES. TGI IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE CORRECTNESS, ACCURACY, OR RELIABILITY THE DATA IN THE TGI INDICES. ANY CONSTITUENT INVESTMENT PRODUCT OR VEHICLE USED TO CREATE A TGI INDEX MAY BE REMOVED AT ANY TIME. THE COMPLETENESS OF THE DATA MAY VARY IN EACH FINANCIAL PRODUCT OR VEHICLE USED TO CREATE THE TGI INDICES. TGI DOES NOT WARRANT THAT THE DATA USED TO CREATE THE TGI INDICES WILL BE FREE FROM ANY ERRORS, OMISSIONS OR INACCURACIES. TGI DOES NOT WARRANT THAT THE DELIVERY OF THE DATA RELATING TO THE TGI INDICES WILL BE UNINTERRUPTED OR FREE FROM ANY VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. THE INFORMATION IN THE TGI INDICES DOES NOT CONSTITUTE AN OFFER OR A RECOMMENDATION TO BUY OR SELL ANY SECURITY OR FINANCIAL PRODUCT OR VEHICLE WHATSOEVER OR ANY TYPE OF TAX OR INVESTMENT ADVICE OR RECOMMENDATION. PAST PERFORMANCE OF ANY CONSTITUENT INVESTMENT PRODUCT OR VEHICLE USED TO CREATE A TGI INDEX IS NO INDICATION OF FUTURE RESULTS.

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, TGI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK OF DAMAGE OR LOSS RESULTING FROM THE USE OF THE TGI INDICES.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, TGI SHALL NOT BE LIABLE FOR ANY (i) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR THE USE OF THE TGI INDICES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS AND OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY ANY THIRD PARTY, EVEN IF TGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY TGI TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND TGI’S REASONABLE CONTROL. IF YOU ARE DISSATISFIED WITH THE TGI SITE, ITS CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TGI SITE.

Disputes

All disputes between TGI and You under this Agreement shall be resolved by binding arbitration to take place in Tel Aviv, Israel. You agree that no disputes arising under this Agreement shall be conducted in a class, consolidated or representative action. You also agree that TGI may bring suit in court to enjoin an infringement, misappropriation or other misuse of its intellectual property rights. You acknowledge that TGI will suffer irreparable harm as a result of the unauthorized use or distribution of the Content or misuse of TGI and agree that TGI shall be entitled to preliminary and permanent injunctive relief without the necessity of posting a bond or proof of actual damages.

General Provisions

Unless You have entered into a separate license agreement with TGI regarding Your access to and use of the TGI Site, Content or Other Content, these Terms and Conditions constitute the entire agreement and understanding between You and TGI with respect to your access to and use of the TGI Site and the Content and supersedes any and other agreements, whether oral or written, with respect to the TGI Site and the Content. No waiver by TGI of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default of these Terms and Conditions. If any part of these Terms and Conditions are deemed to be invalid or unenforceable, it will not impact any other provision of these Terms and Conditions, all of which will remain in full force and effect, or which shall be modified so as to carry out the meaning and intent of these Terms and Conditions. The Terms and Conditions shall be governed and construed under the laws of Israel.

TGI Index Direct Licensing Program

The TGI Index licensing program addresses many of the data provisioning requirements that firms require for utilizing and redistributing TGI data. In addition, TGI licensees also have the option of accessing TGI lists which detail the specific hedge funds that have given their consent to have their data disclosed. TGI also offers licenses for benchmarking, product replication and custom index development.